There is always something to do in Muncie, whether you want to root for the Ball State Cardinals at Worthen Arena, enjoy a performance at Emens Auditorium, or take in 40 acres of artistic and natural treasures at Minnetrista Museum & Gardens.  Muncie residents have many reasons to venture away from the comforts of home, but even the most exciting attraction can become a nightmare when a serious accident occurs. 

If you have been injured on somebody else’s property, you may be eligible to pursue a premises liability claim, but a favorable outcome is not guaranteed.  To increase the odds in your favor, reach out to the Muncie premises liability attorneys at Hensley Legal Group, who have been getting justice for the innocent victims of negligence for over 25 years. 

Schedule a free consultation with a knowledgeable Muncie premises liability lawyer by calling (317) 472-3333, chatting with us online, or filling out our contact form. 

What Is a Premises Liability Case? 

Premises liability is an area of personal injury law focused on dangerous property conditions.  As with any personal injury claim, a premises liability case needs to demonstrate both negligence and damages.  

Negligence is the failure to meet a duty to exercise reasonable care to avoid causing harm, also known as damages.  When a plaintiff sustains damages as a result of a defendant’s negligence, that plaintiff could seek compensation from the defendant. 

A valid premises liability case needs to prove three separate elements: 

• The property owner owed a duty to the plaintiff to exercise reasonable care to maintain safe conditions on a property. 
• The owner breached this duty by not exercising care to keep the property safe. 
• This breach of duty injured the plaintiff. 

A case will likely fail if all three elements are not shown, which can be more challenging with property-based claims than claims based on incidents with a more obvious connection between a defendant’s conduct and a plaintiff’s damages, such as a car accident.   

A successful plaintiff will typically argue that a property owner caused an accident by neglecting to: 

• Inspect the premises for defective conditions; 
• Fix known defective conditions on the premises; or 
• Inform the plaintiff about known defective conditions. 

Our Muncie premises liability attorneys have extensive experience identifying breaches of duty that could form the basis for a premises liability case. 

Common Property Defects That Cause Injury 

There are a number of property defects that may cause a compensable injury.  Indiana premises liability cases frequently involve: 

• Slipping or tripping hazards – Falling is the top cause of preventable injury, and its impact is particularly detrimental to seniors, who account for 71.8 percent of fall hospitalizations and 82.1 percent of fall fatalities in Indiana.  Property owners could be held liable for conditions that make visitors slip or trip, such as slick surfaces, loose floorboards, uneven stairs, inadequate lighting, or crumbling sidewalks or roads. 

• Aggressive dogs – Indiana has the sixth highest rate of dog ownership and the ninth highest rate of dog bite claims.  Property owners who fail to control or warn about aggressive dogs on their premises may have to pay for the harm they cause. 

• Lax security measures – Cases may be brought for assaults facilitated by lax security measures in spaces with a high probability of criminal activity, such as parking lots, where almost 1,400 violent crimes are committed in the United States each day.   

No matter how your injury happened, Hensley’s Muncie premises liability lawyers will determine the best course of action to take against the at-fault parties. 

Who Is Owed a Duty of Care in Indiana? 

A premises liability plaintiff needs to show that a property owner breached a duty of care in order to be reimbursed for injuries sustained on his or her premises.  But who is actually owed a duty of care in Indiana?  And what exactly does that duty demand of a property owner?

The answer will hinge on why the plaintiff was on the premises in the first place.  Indiana law classifies all visitors to a property as invitees, licensees, or trespassers, each of whom are owed different duties of care. 

• Invitees – An invitee is a visitor who is invited to a property for the economic benefit of the owner.  Typical invitees would include shoppers at a grocery store or guests at a hotel. 

Invitees are owed the greatest duty of care by Indiana property owners, who must actively keep premises safe for them.  An owner may need to carry out regular inspections to identify property defects and either repair them or inform invitees about them. 

• Licensees – A licensee has permission to enter a property but does not benefit the owner directly.  A family member visiting an owner’s home or someone who is allowed to hunt on an owner’s land would both be licensees. 

A property owner owes a lesser duty of care to licensees.  Owners must alert them about known defects and avoid willfully harming them but do not have to inspect properties to uncover defects for their protection. 

• Trespassers – A trespasser is someone on a property without permission.  Trespassers could be as innocuous as a neighbor cutting across a front lawn or as nefarious as a burglar forcing open a bedroom window. 

Trespassers are owed the least duty of care, but some limited obligations may still apply.  Owners who are aware of the presence of trespassers cannot intentionally harm them, but they do not need to alert trespassers about any defects or attempt to fix them. 

This minimal standard of care may not apply to child trespassers, who are not expected to comprehend the dangers on another’s property, especially “attractive nuisances,” which are hazards that may be uniquely appealing to minors, such as unfenced pools or discarded refrigerators.  According to Indiana Code Title 34, Section 31, Chapter 11, property owners “may be subject to liability for physical injury or death to a child trespasser” when they are aware of attractive nuisances, expect children to trespass because of them, and do nothing about them.

A skilled premises liability attorney at our firm can assess whether you were owed a level of care that a property owner breached. 

What Our Premises Liability Attorneys Can Do for You 

One step can be all it takes to put you on a path to financial ruin.  You may very quickly find yourself overwhelmed by astronomical medical bills and physically unable to work, all because of the injuries you sustained on an unsafe property. 

You need attorneys who can guide you through the difficult days ahead and lead you back to solid ground.  You need the Muncie premises liability attorneys at Hensley Legal Group.  Since 1998, Hensley has devoted its practice to ensuring that the average Hoosier enjoys the same rights as the rich and powerful. 

If you choose to hire our firm, we will thoroughly investigate the causes of your accident and everyone who may be liable for it within the time allotted by law.  Additionally, we will act promptly to ensure that any hazardous conditions are not remedied before they can be documented. 

If there is evidence of a property owner’s negligence, our Muncie premise liability lawyers will work tirelessly to find it. 

Maximize the Value of Your Case 

Once we have constructed a rock-solid case against the at-fault parties, we will attempt to negotiate a full and fair settlement.  And unlike many of our competitors, who rarely set foot inside a courtroom, we are not afraid to go to trial if we do not receive an offer that reflects the entire range of your losses, including: 

• Medical expenses 
• Lost wages 
• Pain and suffering 
• Mental and emotional anguish 
• Diminished enjoyment of life 
• Punitive and wrongful death damages (if applicable) 

No two premises liability cases are completely alike, but we will strive to maximize the value of yours.  

You Won’t Pay Anything Unless We Win  

If your budget is already stretched to the breaking point, you may be pleased to learn that we work on a contingency basis.  This means you won’t have to pay us anything unless our Muncie premises liability attorneys win your case. 

Our firm is willing to assume all the risks necessary to get you what you deserve. 

Muncie Premises Liability Lawyers Available Now 

For more than a quarter century, Hensley Legal Group has stood squarely on the side of the everyday people of Indiana.  If you have been injured on someone else’s property, our Muncie premises liability lawyers are available now to discuss your case. 

Call (317) 472-3333, chat with us online, or fill out our contact form for a complimentary case review with an accomplished premises liability attorney.